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I live in Fayette county WV and just sold my home of 14

Customer Question
I live in Fayette...

I live in Fayette county WV and just sold my home of 14 years. 2 days after closing the buyers discovered a termite infestation as a base board was cracked. There was a professional pest inspection for termites done prior to closing and they found no pests. The buyers waived a home inspection so it was not done. My question is am I liable??

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

West Virginia

Lawyer's Assistant: Has any paperwork been filed?

Not that I know of, we are communicating through our realtors right now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The room had 2 chairs in it, which were there during the viewing of the home on at least 2 occasions, they say the chair covered up the base board which was my attempt to cover the area.

Submitted: 8 months ago.Category: Real Estate Law
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9/18/2017
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 8 months ago
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 18,133
Experience: Licensed General Practice Attorney, Texas
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. I don't see how you would be, if you didn't know about the termites, or represent that there were no termites there. No law in West Virginia required the seller to give you a formal disclosure, and no law gives you a specific cause of action against a seller for “omitting” to disclose a defect. Any liability would be based on if you intentionally misled the buyers (which would be "fraud") or otherwise represented that you would be selling a termite free property or property free of any defects, etc... (in which this would be a breach of contract). Otherwise, it would be something that the buyers would be stuck with. Now maybe they have a case against the pest inspectors, but as they waived everything else, I can't imagine a judge saying that you were in the wrong and they in the right when they could have inspected, received disclosure, etc... about that.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 8 months ago

Did you have any other questions before you rate this answer?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 8 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 8 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 8 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 8 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 8 months ago

Did you have any other questions before you rate this answer?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 8 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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Category: Real Estate Law
Satisfied Customers: 18,133
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Experience: Licensed General Practice Attorney, Texas

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